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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1040

   To direct the Consumer Product Safety Commission and the National 
Academy of Sciences to study the vehicle handling requirements proposed 
by the Commission for recreational off-highway vehicles and to prohibit 
   the adoption of any such requirements until the completion of the 
                     study, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2015

Mr. Heller (for himself and Mr. Manchin) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To direct the Consumer Product Safety Commission and the National 
Academy of Sciences to study the vehicle handling requirements proposed 
by the Commission for recreational off-highway vehicles and to prohibit 
   the adoption of any such requirements until the completion of the 
                     study, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ROV In-Depth Examination Act of 
2015''.

SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (2) Recreational off-highway vehicle and rov.--
                    (A) In general.--The term ``recreational off-
                highway vehicle'' or ``ROV'' means a motorized off-
                highway vehicle designed to travel on four or more 
                tires, intended by the manufacturer for recreational 
                use by one or more persons and having the following 
                characteristics:
                            (i) A steering wheel for steering control.
                            (ii) Foot controls for throttle and service 
                        brake.
                            (iii) Non-straddle seating.
                            (iv) Maximum speed capability greater than 
                        30 miles per hour.
                            (v) Gross vehicle weight rating no greater 
                        than 3,750 pounds.
                            (vi) Less than 80 inches in overall width, 
                        exclusive of accessories.
                            (vii) Engine displacement equal to or less 
                        than 61 cubic inches for gasoline fueled 
                        engines.
                            (viii) Identification by means of a 17-
                        character personal or vehicle information 
                        number.
                    (B) Exclusion.--Such term does not include a 
                prototype of a motorized, off-highway, all-terrain 
                vehicle or other motorized, off-highway, all-terrain 
                vehicle that is intended exclusively for research and 
                development purposes unless the vehicle is offered for 
                sale.
    (b) No Mandatory Standards Regarding Performance or Configuration 
of ROVs.--
            (1) In general.--The Consumer Product Safety Commission 
        shall have no authority to establish any standards concerning 
        the performance or configuration of recreational off-highway 
        vehicles until after the completion of the study required by 
        subsection (c). This prohibition includes a prohibition on the 
        exercise of any authority pursuant to section 27(e) of the 
        Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV 
        manufacturers to provide performance and technical data to 
        prospective purchasers and to the first purchaser of an ROV for 
        purposes other than resale.
            (2) Voluntary standards.--Nothing in this section shall be 
        construed as suggesting that ROVs shall not be manufactured in 
        compliance with applicable voluntary standards.
    (c) Study on Proposed Lateral Stability and Vehicle Handling 
Requirements.--
            (1) Agreement.--
                    (A) In general.--The Commission shall seek to enter 
                into an agreement with the National Academy of Sciences 
                to perform the services covered by this subsection.
                    (B) Timing.--The Commission shall seek to enter 
                into the agreement described in subparagraph (A) not 
                later than the latest date by which the Commission 
                considers reasonable for the National Academy of 
                Sciences to begin performing the services covered by 
                this subsection and complete them before the date 
                described in paragraph (2)(D).
            (2) Study.--
                    (A) In general.--Under an agreement between the 
                Commission and the National Academy of Sciences under 
                this subsection, the National Academy of Sciences shall 
                conduct a study on matters concerning the lateral 
                stability and vehicle handling requirements proposed by 
                the Commission in a notice of proposed rulemaking 
                published in the Federal Register November 19, 2014 (79 
                Fed. Reg. 68964).
                    (B) Elements.--The study carried under subparagraph 
                (A) shall determine--
                            (i) the technical validity of the lateral 
                        stability and vehicle handling requirements 
                        described in subparagraph (A), for purposes of 
                        reducing the risk of ROV rollovers in the off-
                        road environment, including the repeatability 
                        and reproducibility of testing for compliance 
                        with such requirements;
                            (ii) the number of ROV rollovers that would 
                        be prevented if the proposed requirements were 
                        adopted;
                            (iii) whether there is a technical basis 
                        for the proposal to provide information on a 
                        point-of-sale hangtag about a vehicle's 
                        rollover resistance on a progressive scale; and
                            (iv) the effect on the utility of ROVs used 
                        by the Armed Forces if the proposed 
                        requirements were adopted.
                    (C) Consultation.--In carrying out the study 
                pursuant to subparagraph (A), the National Academy of 
                Sciences shall consult with the Administrator of the 
                National Highway Traffic Safety Administration and the 
                Secretary of Defense.
                    (D) Deadline and report.--In carrying out the study 
                pursuant to subparagraph (A), the National Academy of 
                Sciences shall complete and transmit to the Commission 
                a report containing the findings of the study not later 
                than 2 years after the date of the enactment of this 
                Act.
            (3) Report to congress.--Not later than 5 days after 
        receiving the report described in paragraph (2)(D) from the 
        National Academy of Sciences, the Commission shall submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives such report, along with such comments as the 
        Commission may have concerning the report.
            (4) Consideration.--The Commission shall consider the 
        results of the study conducted under this subsection in any 
        subsequent rulemaking regarding the performance or 
        configuration of ROVs, or the provision of point-of-sale 
        information regarding ROV performance.
            (5) Alternate contract organization.--
                    (A) In general.--If the Commission is unable within 
                the period prescribed in paragraph (1)(B) to enter into 
                an agreement described in paragraph (1)(A) with the 
                National Academy of Sciences on terms acceptable to the 
                Commission, the Commission shall seek to enter into 
                such an agreement with another appropriate organization 
                that--
                            (i) is not part of the Government;
                            (ii) operates as a not-for-profit entity; 
                        and
                            (iii) has expertise and objectivity 
                        comparable to that of the National Academy of 
                        Sciences.
                    (B) Treatment.--If the Commission enters into an 
                agreement with another organization as described in 
                subparagraph (A), any reference in this section to the 
                National Academy of Sciences shall be treated as a 
                reference to the other organization.
                                 <all>
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